Is your prenuptial agreement valid?

While you may view marriage primarily as a commitment that two people make when they love each other, it is also a legal agreement. When you entered into a contract with your spouse, it affected the assets and liabilities owned by each of you. Creating a prenuptial agreement may have been your way of defining the terms of the contract to provide financial protection. Facing a divorce, you need to examine your agreement to make sure that it is as effective as you intended it to be, particularly if your spouse no longer wants to abide by the terms that were set.

Forbes reports that there are several situations that can render the prenuptial agreement invalid and result in a different division of property than you and your spouse originally intended. Most of these apply to any legal contract. For example, the document must have been signed by two people who are of sound mind. Equal legal representation would ensure that there was no coercion at the time of signing and that the document is complete and accurate. While it may not be easy to provide evidence of a forced agreement, an unequal division of property or unreasonable terms often lead a judge to disregard the document.

The financial protection of a prenuptial agreement is void if either you or your spouse attempted to hide assets. Even if something is unintentionally omitted, the incomplete disclosure will probably result in invalidating the contract. This information about prenuptial agreements is general in nature and should not be interpreted as legal advice.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.